Alexander Brothers, Inc. v. Secretary of Labor (MSHA) (Commission decision, March 6, 1979)

Plain-English summary

Alexander Brothers sought review of withdrawal orders issued under the 1969 Coal Mine Health and Safety Act. A judge dismissed its applications because they missed the Act's thirty-day contest deadline and he lacked authority to extend it. The Commission agreed with the judge's reasoning and affirmed the dismissals. It also denied Alexander Brothers' request to reconsider an earlier refusal to accept a reply brief. The decision did not decide whether the withdrawal orders were valid or assess a penalty.

Decision snapshot

• Governing provision: 1969 Mine Act section 105(a)(1), 30 U.S.C. § 815(a)(1).
• Outcome: Untimely contest dismissals affirmed; request to reconsider the reply-brief ruling denied. No penalty assessed.
• Key point: The judge could not extend the 1969 Act's thirty-day deadline for contesting the withdrawal orders.

Full text (FMSHRC public release)

CCASE:
ALEXANDER BROS. V. MSHA
DDATE:
19790306
TTEXT:

~1
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C.
March 6, 1979

ALEXANDER BROTHERS, INC.,
Petitioner

v. Docket Nos. HOPE 78-161-167

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

DECISION

On March 1, 1978, Administrative Law Judge L. K. Luoma dismissed an applications for review, filed by Alexander Brothers, Inc., of withdrawal orders issued under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. $801 et seq. (1976) (amended 1977). The Judge found that the applications were not timely filed under section 105(a)(1) of that Act, and held, in accordance with precedents of the Interior Department's former Board of Mine Operations Appeals, 1/ that he could not extend the thirty day deadline of section 105(a)(1). On October 11, 1978, we granted a petition for discretionary review filed by Alexander Brothers.

We have considered the arguments of the parties, 2/ and we conclude that Judge Luoma correctly decided this case for the reasons he assigned. His order of dismissal is accordingly affirmed.

1/ Freeman Coal Mining Co., 1 IBMA 1 21, 1971-73 OSHD %15,367 (1970); Consolidation Coal Co., 1 IBMA 131, 136, 1971-73 OSHD %15,377 (1971); Jones & Laughlin Steel Corp., 5 IBMA 1, 2 (1975). 2/ On January 31, 1979, the Commission denied a motion by Alexander Brothers to file a reply brief. On February 15, 1979, Alexander Brothers moved for reconsideration of that denial, and attached a brief in support of its motion. Neither the motion nor the brief present adequate reasons why the Commission should reconsider and

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reverse its previous ruling. The motion to reconsider is therefore denied.